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(영문) 서울서부지방법원 2021.03.24 2020고단3292
특수협박
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, at around 19:45 on September 8, 2020, at "C" located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 19:45, 2020, displayed food blades (the total length of 32cc and the length of 20cm on the day) as dangerous articles he prepared in advance to the victim D (the 45 years of age) who is the above carpet employee on the ground of its influence, and "if a report is made, the death shall be discarded". On the other hand, the defendant will kill the victim E (the 26 years of age), the victim F (the 18 years of age) who is a customer in his place, and the victim F (the 18 years of age) with the above food blade sealed and throw away.

The phrase “Mad” was read as “Mad.”

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to written statements (D and E), records of seizure and list of seized articles, photographs of seized articles (food blades, smartphones), investigation reports (related to suspect mental illness), CCTV images on the face of a crime, investigation reports (referring to reports on the hearing of statements by victim D Telephones);

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (see, e.g., "the grounds for sentencing")

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Special Intimidation) (Special Intimidation) No. 1 Crimes (Special Intimidation) / [Type 4] No person who is subject to repeated crime or special intimidation [Special Sentencing] [the territory of recommendation and the scope of punishment], the basic area of the crime, April of imprisonment through January 6.

(b) Crimes Nos. 2 and 3 (Special Intimidations) / [Type 4] Cumulative Offense and Special Intimidation [Special Sentencings] : In cases where punishment is not imposed (including serious efforts to recover damage), or considerable damage has been recovered (the territory of recommendations and the scope of recommendations) / mitigated area, two months through one year;

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Four to two years of imprisonment;

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